Marsh

*696 In September 2014, a jury found defendant Daniel William Marsh (born in May 1997) guilty of two counts of first degree murder committed in April 2013 (finding that he personally used a deadly weapon in each instance) and sustained allegations of three special circumstances. It subsequently found defendant was sane at the time of the offenses. After making an individualized assessment of the appropriateness of the sentence for defendant, the trial court imposed an indeterminate life sentence with a minimum term of 52 years. The case was not fully briefed until July 2017.

On appeal, defendant argues that Miller v. Alabama (2012) 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 ( Miller ) and Roper v. Simmons (2005) 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed.2d 1 ( Roper )-which respectively prohibit the mandatory punishment of life without parole for minors for any offense, or the death penalty under any circumstances even for minors who commit homicide-both apply in the context of a sanity determination, with the result that the holdings require the resurrection of the doctrine abrogated under California law in which an "irresistible impulse" test is applied to determine a…